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Re: E-M:/ 100 year old oak



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Enviro-Mich message from "Matthew R. Abel" <attorneyabel@mediaone.net>
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If the tree is not yet cut, call, fax and mail the Coounty Road
Commission and tell them the tree is in dispute and not to cut it.

Then get a survey done, either way.

Oakland County Road Commission paid me $6,000 for a large old cottonwood
tree they cut on my property a few years ago.  They thought they had an
easement, but did not, and we had previously warned them not to cut it. 
They did anyway.

Matthew R. Abel
attorneyabel@mediaone.net

anne.woiwode@sfsierra.sierraclub.org wrote:
> 
> -------------------------------------------------------------------------
> Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
> -------------------------------------------------------------------------
> 
> Tim:
> 
> First, she should check her deed to see if it lists any easements in the site
> of the oak tree.  In Meridian Twp a woman successfully stopped the Road
> Commission from cutting down her trees and widening the road when the deed
> clearly demonstrated that the lot was a meets and bounds lot which did not
> have the standard Road Commission 66 ft wide easement on it.  She DID have to
> go to court, unfortunately, but that is the first step.  Sounds like getting a
> surveyor may be a good idea, but she should check her deed first because it is
> CLEAR mistakes a often made.
> 
> If an easement does exist, you don't indicate who the whackers are, but
> depending on who has the easement and wants to cut, it gets a lot murkier.
> The courts have not been kind to those who seek to stop cutting of trees in
> valid easements. The Road Commissions are public bodies, but are at least one
> step removed from public pressure because they are appointed by County Boards.
> Where people have won such fights it has largely been by turning up the heat
> on the Road Commission and the County  Commission that appoints them.
> 
> Good luck!
> 
> Anne
> 
> -------------------------------------------------------------------------
> Enviro-Mich message from "timothy p. killeen"
> <timothy_killeen@dpsnet.detpub.k12.mi.us>
> -------------------------------------------------------------------------
> 
> Folks,
> 
>      I've been contacted by a Sierra member in Washington Twp., Macomb
> Co. that had a crew cutting down trees, including the old oak. She is
> not sure if it was on her property and is looking for a surveyor. What
> should her course of action be? She sounds as if she would like to make
> the responsible party pay.
> 
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> ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
> and Conservation Issues and Michigan-based Citizen Action.   Archives at
> http://www.great-lakes.net/lists/enviro-mich/
> 
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